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NY A87023

September 6, 1996

CLA-2-62:RR:NC:WA 360 A87023


TARIFF NO.: 6208.21.0020

Ms. Ludene Murphree
Import Operations Manager
The Gap, Inc.
Two Harrison
San Francisco, CA 94105

RE: The tariff classification of women's pajamas with a matching carrying bag from the Philippines

Dear Ms. Murphree:

In your letter dated August 21, 1996, you requested a classification ruling on behalf of Old Navy Clothing Company. The sample submitted with your request will be returned to you under separate cover.

Style 429092 consists of a pair of pajamas and a matching carrying bag constructed from 100 percent cotton woven napped flannel printed fabric. The pajama top features long sleeves, a collar, lapels and a full front opening secured by four buttons. The garment has two patch pockets below the waist and contrast piping on the sleeve cuffs, around the collar and front opening. The pajama bottom has a functional drawstring and elasticized waist and contrast piping around the cuffs of the long hemmed legs. You state that you will be importing styles 429112 and 429113 which are identical in styling to style 429092 but are of different prints.

The pajamas will be imported packed in the self-fabric bag with a drawstring closure. The bag features a large label which displays a drawing of its contents (pajamas), the size of the garments (S), the fiber content (100% cotton), the country of origin (Philippines) and the words "OLD NAVY Women's flannel pajamas". The pajamas packaged inside the matching flannel bag are sold together at retail and are considered to be a composite good in accordance with GRI 3(b). The pajamas lend the essential character to the unit. Accordingly, the carrying bag shall be classified with the pajamas.

The applicable subheading for style 429092, the pajamas and matching flannel bag, will be 6208.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's and girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of cotton: with two or more colors in the warp and/or the filling. The duty rate will be 9.4 percent ad valorem.

Style 429092 falls within textile category designation 351. Based upon international textile trade agreements products of the Philippines are subject to quota restraints and a visa requirement.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466-5866.


Roger J. Silvestri

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